Nevada § 333.370 - Appeal by person making unsuccessful bid or proposal

§ 333.370. Appeal by person making unsuccessful bid or proposal

1. A person who makes an unsuccessful bid or proposal may file a notice of appeal

with the Purchasing Division and with the Hearings Division of the Department of Administration

within 11 days after the date of award as entered on the bid record. The notice of appeal must include a written statement specifying any alleged violation

of this chapter. 2. A person filing a notice of appeal must post a bond with good and solvent surety

authorized to do business in this state or submit other security, in a form approved

by the Administrator by regulation, to the Purchasing Division, who shall hold the

bond or other security until a determination is made on the appeal. Except as otherwise provided in subsection 3, a bond posted or other security submitted

with a notice of appeal must be in an amount equal to 25 percent of the total value

of the successful bid submitted. 3. If the total value of the successful bid cannot be determined because the total

requirements for the contract are estimated as of the date of award, a bond posted

or other security submitted with a notice of appeal must be in an amount equal to

25 percent of the estimated total value of the contract. Upon request, the Administrator shall provide: (a) The estimated total value of the contract; or (b) The method for determining the estimated total value of the contract, based on records of past experience and estimates of anticipated requirements furnished

by the using agency. 4. Within 20 days after receipt of the notice of appeal, a hearing officer of the

Hearings Division of the Department of Administration shall hold a contested hearing

on the appeal in substantial compliance with the provisions of NRS 233B.121 to 233B.1235 , inclusive, 233B.125 and 233B.126 . The successful bidder must be given notice of the hearing in the same manner as

the person who filed the notice of appeal. The successful bidder may participate in the hearing. Within 60 days after receipt of the notice of appeal, the hearing officer shall

make a determination on the appeal. 5. The hearing officer may only cancel the award for lack of compliance with the provisions

of this chapter. A cancellation of the award requires a new award in accordance with the provisions

of this chapter. 6. A notice of appeal filed in accordance with the provisions of this section operates

as a stay of action in relation to any contract until a determination is made by the

hearing officer on the appeal. 7. A person who makes an unsuccessful bid or proposal may not seek any type of judicial

intervention until the hearing officer has made a determination on the appeal. 8. The Administrator may make as many open market purchases of the commodities or

services as are urgently needed to meet the requirements of the Purchasing Division

or the using agency until a determination is made on the appeal. With the approval of the Administrator, the using agency may make such purchases

for the agency. 9. Neither the State of Nevada, nor any agency, contractor, department, division,

employee or officer of the State is liable for any costs, expenses, attorney's fees,

loss of income or other damages sustained by a person who makes an unsuccessful bid

or proposal, whether or not the person files a notice of appeal pursuant to this section. 10. If the appeal is upheld and the award is cancelled, the bond posted or other security

submitted with the notice of appeal must be returned to the person who posted the

bond or submitted the security. If the appeal is rejected and the award is upheld, a claim may be made against the

bond or other security by the Purchasing Division and the using agency to the Hearings

Division of the Department of Administration in an amount equal to the expenses incurred

and other monetary losses suffered by the Purchasing Division and the using agency

because of the unsuccessful appeal. The hearing officer shall hold a hearing on the claim in the same manner as prescribed

in subsection 4. Any money not awarded by the hearing officer must be returned to the person who

posted the bond or submitted the security.